Attorney Fees

Legal Process

Matrimonial Early Settlement Panel

Motions

Attorney Fees

Q:  How much will a divorce cost?

A:  There is no set amount or “flat fee.”  The cost of your divorce is a function of how much time the law firm spends on your case.  You are billed for the attorney’s (and sometimes, paralegal’s) time at a certain hourly rate, plus various expenses, e.g. filing fees, experts, etc.  You retainer, or “Engagement Agreement” gives the details of what, how and when you will be billed.

 

Q:  How much is the retainer?

A:  The retainer depends on the nature of the divorce, the issues involved, etc., and/or the type of proceeding (e.g. post-divorce motions). 

 

Q:  Do you have payment plans?

A:  Yes we do.  Often, we can work with you on this issue.

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Legal Process

Q:  What are the grounds for a divorce?

A:  Generally, people usually file under either (1) "irreconcilable differences, (2) “extreme cruelty” or (3) “no fault – 18 month separation.”  There are other grounds, but generally we throw them under “extreme cruelty.”  "Irreconcilable Differences" was just enacted in New Jersey a few years ago. Most people file under these grounds. “Extreme Cruelty” usually consists of alleging various bad things about your spouse, e.g. that he/she is often angry or full of rage, or withholds affection, or is demeaning and degrading, or habitually drinks excessively, or is physically or emotionally abusive, or is unfaithful, etc.  The bottom line is that the Court needs to establish that it is no longer reasonable and/or safe for the two of you to remain married.   

 

Q:  When will my case go to trial?

A:  A relatively small percent (less than 1% in the NJ divorce docket) of divorce cases are actually tried.  Most divorces result in a settlement agreement.  Generally, this is the preferred course because it gives you more control over the outcome (not to mention your wallet – because trials can be expensive).  If your case has not settled within the first year of the Complaint being filed, it could be scheduled for a trial.  Then again, you could wait significantly longer than one year for a trial date.

 

Q:  When will my case settle?

A:  Much of this answer depends on you and your spouse.  The legal process often helps the settlement negotiations as it forces both sides to spend money on attorney fees every time the parties do not settle; generally, the increased attorney fees thus provide an incentive for both sides to meet in the middle.

 

Q:  What happens after the Complaint is filed?

A:  It is served on your spouse.

 

Q:  How is the Complaint served on my spouse?

A:  There are several ways.  If you two are friendly, you can give it to your spouse and have him/her sign an “Acknowledgement of Service.”  We can mail it to your spouse (and have him/her sign the “Acknowledgement of Service”).  We can mail it to his/her attorney (and the attorney usually agrees to sign the “Acknowledgement of Service”).  Or, we can send the Sheriff to the home or workplace.

 

Q:  How long do I have to file an Answer to the Complaint?

A:  If you have been served with a Summons & Complaint (in NJ), you have 35 days to file an “Appearance,” “Answer,” or “Answer and Counterclaim,” or to file some other appropriate motion (which is rare).

 

Q:  What happens after all Complaint & Answer?

A:  Within a few months, the Court clerk holds a telephone conference with the attorneys to set up a discovery schedule.  Sometimes the attorneys prepare this order in advance and the court enters the order without the phone conference. 

 

Q:  When is my Case Information Statement due?

A:  Each party’s Case Information Statement (CIS) is due within 20 days of the filing his/her pleadings, i.e. the divorce Complaint or the divorce Answer/Counterclaim.

 

Q:  What is discovery?

A:  Discovery is legal term for exchanging information that each side needs/wants in order to evaluate the case, negotiate a settlement, and/or put on a trial.  Generally, there are “Interrogatories” (written questions)  and “Requests for Document Production” (copies of documents).  Sometimes, there are also “Depositions,” where you answer the other attorney’s questions under oath, prior to trial.  Also, expert reports and appraisals, among other things, can also be part of the discovery process.

 

Q:  What happens when my spouse and I agree to the divorce terms?

A:  The attorneys draft a Settlement Agreement for each party to sign.  After it is signed, a court date is scheduled for the Uncontested Divorce Hearing.

 

Q:  What happens at the Uncontested Divorce Hearing?

A:  It is a simple proceeding where the Judge grants you the divorce.  In New Jersey, each party gives testimony that the facts set forth in the Complaint for Divorce and Counterclaim for Divorce are true. And, each party also gives testimony that they entered into the Settlement Agreement freely and voluntarily, and understand it, etc.

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Matrimonial Early Settlement Panel

Q:  What is the Matrimonial Early Settlement Panel (MESP)?

A:  The MESP is where 1 to 3 experienced divorce attorneys listen to each party’s side of the case and give their opinion as to how, in their collective estimation, the matter would ultimately be determined if it went to trial.

 

Q:  What is the purpose of the MESP?

A:  The purpose of the MESP is to give each party an unbiased opinion about settlement issues.  Often, the attorneys and the parties spend the better portion of the day in the courthouse hallway negotiating a settlement agreement.

 

Q:  When does the MESP occur?

A:  Generally, after the discovery period is concluded, the Court schedules the case for an MESP.

 

Q:  Is the MESP binding?

A:  No.  It is purely another attorney’s unbiased opinion – but it can be very valuable.  Also, it can not be admitted as evidence at a trial.

 

Q:  What if I like the MESP recommendation?

A:  If you like it, then the settlement negotiations often can progress.  If the parties come to an agreement in the hallway the day of the MESP, we can get you divorced THAT DAY!

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Motions

Q:  What is a Motion?

A:  A Motion is a request to the Court for an Order giving you something you want – e.g. child support, parenting time, etc.

 

Q:  What is a pendente lite motion?

A:  Latin, Latin, Latin!  Pendente lite simply means “pending the outcome of the lawsuit.”  So, it means a temporary decision, e.g. temporary alimony or child support.

 

Q:  Can I file a motion after a Judgment of Divorce?

A:  Yes.  These are called Post-Judgment motions.  They are usually used to (1) enforce the divorce agreement, or (2) change issues surrounding the children, e.g. parenting time or support.

 

Q:  What is the motion procedure?

A:  You file with the Court and serve on your (ex)spouse (or his/her attorney) a Notice of Motion with various supporting paperwork.  Your (ex)spouse has an opportunity to respond and/or to file a Cross-Motion.  You have an opportunity then to respond.  Then the Court may hear oral arguments.  Then the Court enters and files an Order.

 

Q:  What are motion oral arguments?

A:  Oral Arguments for motions are where the two attorneys tell the Judge why the Court should rule in his/her client’s favor.  Generally, the Court does not, or will not, allow testimony from the parties.  Usually the Judge decides the motion at oral argument.  Sometimes, the Court will write a detailed decision.

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These are only some of my firm's Divorce FAQ. If you'd like to see more Divorce FAQ information, go to my firm's website at www.markhamlawyer.com.

Disclaimer: In addition to the disclaimer on the home page, let me again say that I am not your lawyer and the information on this page is not legal advice. You should retain an attorney and have him/her give you legal advice about your particular situation.